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(영문) 제주지방법원 2007. 06. 27. 선고 2006가단28453 판결

압류등기의 회복등기에 대하여 승낙의 의사표시를 할 의무가 있는지 여부[국패]

Title

Whether there is an obligation to express an intention of acceptance for the registration of restoration of seizure registration.

Summary

As the Defendant, etc. entrusted with the cancellation of the registration of seizure before a successful bidder entrusted the registration of ownership transfer due to an error by the applicant for the original public auction, he is obliged to express his consent to the registration of recovery of the registration of seizure.

Related statutes

Article 208(3)2 of the Civil Procedure Act

Text

1. On July 22, 1998, Defendant ○○○○○○○○, ○○○○ Cooperative Federation, and ○○○ Development, a corporation, as to each real estate listed in the separate sheet, expressed its consent on the registration of the recovery of attachment, which was registered for cancellation by ○○144 on June 20, 202 by the same court, which was registered for cancellation on June 20, 2002.

2. The costs of lawsuit are assessed against the Defendants.

Cheong-gu Office

The same shall apply to the order.

Reasons

1. Claim against Defendant ○○○○○ Bureau

(a) Basic facts;

The grounds for each claim shall be as specified in attached Table.

[Ground of recognition] Partial non-contentious facts, Gap evidence Nos. 1 through 4, the purport of the whole pleadings

B. Determination

According to the above facts, after the registration of seizure was completed on July 22, 1998 with regard to each real estate listed on the separate sheet of ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○ on each of the above real estate, the registration of seizure was completed on March 25, 199 at the ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, which was a person entitled to seizure on June 18, 199, the Plaintiff received each of the above real estate on the ○○○○○○○○○○○6.

2. A claim for the development of ○○ Cooperatives Federation and a stock company ○○ Development

(a) Description of the claim;

The grounds for each claim shall be as specified in attached Table.

(b) Grounds

Article 208 (3) 2 of the Civil Procedure Act)

3. Conclusion

Therefore, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.